Compelling parents to pay past due child support

On behalf of Stange Law Firm, PC posted in Child Support on Saturday, December 17, 2016.

If an individual in Illinois or any other state is behind on their child support, they may face penalties under the Child Support Enforcement Act of 1984. The legislation gives districts attorneys and state attorneys generals power to pursue payment on behalf of those who are owed back support. If payments are not made, noncustodial parents could be subject to jail time.

However, jail time is usually a penalty of last resort as parents who are in jail may struggle to earn money needed to make their payments. In many cases, individuals who owe more than $2,500 in back support may lose their passport or have a bank account frozen. A driver’s license or a professional license may also be suspended until back child support payments have been made. It is also possible that failure to pay child support could have a negative impact on a person’s credit as missed payments may be reported to credit bureaus.

The Uniform Interstate Family Support Act (UIFSA) applies if a dispute crosses state borders. If a court in the child’s home state has already issued a ruling in the matter, that court is usually granted continuing exclusive jurisdiction. The laws of that state must be used to determine if a noncustodial parent is entitled to a modification. However, custodial parents can have orders mailed to out-of-state courts to help them enforce an existing order.

Those who are owed child support may wish to talk to an attorney in an effort to collect any outstanding balances. Legal counsel may play a role in child support enforcement efforts regardless of where the other parent may live or work. Even if a child support modification request is granted, the noncustodial parent must generally pay any back support still owed.

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